FRA updated report on Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity

December 1st 2010

This report updates the FRA comparative legal analysis of discrimination on the basis of sexual orientation and gender identity first published in June 2008. It also takes a closer look at the work of equality bodies and Equinet on this issue.

This report updates the FRA comparative legal analysis of discrimination on the basis of sexual orientation and gender identity first published in June 2008. It provides a useful summary of the state of play in this matter at the end of 2009 and the main trends emerging in EU Member States.

The FRA also takes a closer look at the work of equality bodies and welcomes the current trend towards a broader mandate of these national bodies. In fact, the FRA reiterates that "Member States need to ensure that NHRIs and equality bodies enjoy a broad mandate, are properly resourced and can act in full independence".

Furthermore, the report also highlights the issue of underreporting and proposes recommendations to solve this problem. According to this report, “one partial solution to the problem of underreporting would be to allow equality bodies either to act of their own motion, or to act on the basis of anonymous complaints, without the identity of the victim being revealed to the off ender. Another solution would be to ensure that individuals alleging that they are victims of discrimination on grounds of sexual orientation or gender identity are heard by staff specialized in working with LGBT issues or staff that openly identify as LGBT themselves, in order to establish trust between the parties.”

Finally the FRA acknowledges the Equinet ad-hoc special initiative on Transgender equality, and the "efforts to enhance the protection of transgender people and to support new policies and good practice initiatives".